HARARE – Businessman Tendai Mashamhanda has demanded Chief Justice Luke Malaba’s resignation for presiding over a corrupt bench, judicial sex scandal and papering over judicial misdemeanours that have caused him losses to his business empire.

Mashamhanda, son to business mogul Alex Mashamhanda of Mashwede Holdings, boldly confronted the premier jurist in a letter to the Judicial Service Commission (JSC) chairperson, dated February 9, 2024.

He copied his letter to the Zimbabwe Human Rights Commission, justice minister, Zimbabwe Anti-Corruption Commission, Zimbabwe Gender Commission and parliament’s legal committee chairperson.

It was not the first time the businessman has written to the JSC inside three years.

“Regrettably, to date (9 February 2024), I have not received a response to any of my letters.  I am alive to your tactics,” Mashamhanda wrote.

“You ignore legitimate complaints from me, from JSC staff, magistrates, High Court judges, and members of the public as a strategy of sweeping the issues raised under the carpet.

“You hope that these issues will die a natural death thereby protecting you from accountability.

“I also note with regret that you have resorted to a new tactic of sweeping my legitimate complaints under the carpet.”

However, in a written response to one of his letters on February 6, JSC told the businessman he did not follow the right procedures in raising his complaints.

“In light of the clearly defamatory statements, and the abuse of the complaint procedure in the letter to the office of the Chief Justice dated 12 January 2024, and the various letters addressed to the Minister of Justice Legal and Parliamentary Affairs, the office of the Chief Justice is unable to assist you,” said E. Mawondo on behalf of the JSC secretary.

Mashamhanda also called for the resignation of all judges for allegedly being compromised.

“There are also many other transactions that have raised eyebrows including the purchase of the Chief Justice’s residence where the owner received much less than the amount requisitioned from the government.

“The deliberately uninvestigated acts of nepotism and sexual harassment, allegations against senior personnel within the JSC hierarchy remain cause for concern and compromise justice delivery as some female magistrates’ progression within the magistracy is thwarted by these predators,” he said.

Talking about his court nightmares, Mashamhanda said he lost his property through a Supreme Court ruling in which his title deeds were controversially cancelled.

“I bought my property 41 Ridgeway North Highlands in good faith and for value. The record of proceedings in the High Court shows that none of the parties were able to rebut that assertion.

“The Supreme Court of Zimbabwe manufactured numerous lies to justify cancellation of my title deeds for the benefit of a cartel member,” he said.

Mashamhanda also accused Malaba of being part of the JSC cartel which sexually abused junior female employees adding that this can be easily verified.

“If the allegation is true Honourable Chief justice, which can easily be verified, this means that you are not a fit and proper person to Head the Judiciary on moral grounds alone.

He also said corruption, bribery, abuse of office and underhand deals is rampant in the JSC.

“This is demonstrated by the way procurement and judicial auctions are held. Total disregard of the law to show favour to cartel members.

“Of course, justice is for sale in Zimbabwe. People know it. You failed to act against it hiding behind the veil of Judicial Independence,” he said.

“In order to protect the integrity of the judicial system in Zimbabwe and the interests of the people of Zimbabwe you must resign as a matter of urgency.

“The three Honourable judges of the Supreme Court that is Honourable Deputy Chief Justice Gwaunza, Honourable Justice Guvava and Honourable Justice Bhunu must resign.

“They brought shame and disgrace to the Judiciary through manufacturing lies which they incorporated in their judgment.

“The two Honourable Justices of the High Court, Katiyo and Chirau-Mugomba and three honourable Justices of the Constitutional Court, Justice Garwe, Justice Hlatshwayo and Justice Patel must be subjected to tribunal hearings.

“Apart from what I said in my complaint letters, their conduct advanced the agenda of the cartel to deny me justice,” he wrote.